EUR-Lex Access to European Union law

Back to EUR-Lex homepage

This document is an excerpt from the EUR-Lex website

Document 62005TO0297

Order of the President of the Court of First Instance of 2 May 2007.
IPK International - World Tourism Marketing Consultants GmbH v Commission of the European Communities.
Interim measures - Article 256 EC - Subject-matter of the application - Admissibility - Lack of urgency.
Case T-297/05 R.

European Court Reports 2007 II-00037*

ECLI identifier: ECLI:EU:T:2007:118





Order of the President of the Court of First Instance of 2 May 2007 – IPK International–World Tourism Marketing Consultants v Commission

(Case T-297/05 R)

(Interim measures – Article 256 EC – Subject-matter of the application – Admissibility – Lack of urgency)


1.                     Applications for interim measures – Suspension of operation of a measure – Application for suspension of the enforcement of a decision including a pecuniary obligation – Application seeking, in reality, suspension of the operation of another decision having effects on the applicant’s financial position (Arts 242 EC and 256 EC) (see paras 18, 21-24)

2.                     Applications for interim measures – Conditions for admissibility – Application – Formal requirements (Rules of Procedure of the Court of First Instance, Arts 44(1)(c) and 104(2)) (see paras 33-39)

3.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Cumulative nature – Weighing-up of all the interests at stake (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 42-43)

4.                     Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Particular seriousness of the prima facie case (Arts 225(1) EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 51-61)

Re:

APPLICATION for a stay of execution of Commission Decision C (2006) 6452 of 4 December 2006 relating to recovery of the sum of EUR 318 000 received by the applicant as an advance in respect of the Ecodata project.

Operative part

The Court:

 

Dismisses the application for interim measures;

 

Reserves the costs.

Top